(4) Regular Meetings. The regular meetings of Council shall be held in its Chamber on the second and fourth Monday of each month at 7:00 p.m., unless otherwise ordered by Council. All meetings shall adjourn by 10:30 p.m. unless this rule is suspended by a majority of members present.
No member of Council shall be required to remain in the Council Chamber longer than one-half hour after the regular time for convening the meeting and after which Council stands adjourned, unless there is a quorum present and Council is called to order and proceeds to business.
Should the regular meeting of Council occur upon a legal holiday or on an election day, then Council shall meet in regular session on the day following at the time and place fixed for the regular meeting.
For the purposes of this provision legal holidays shall be those defined in the current the AFSCME Contract
Notice of a regular Council meeting shall be published and/or posted at least six days prior to the meeting.
Notice of such regular meetings should be sent to any person requesting personal notification or any news media requesting such notification who pays a fee to cover such costs.
The Council Clerk shall maintain and post a list of names, addresses and phone numbers of all requesting such data.
(5) Special Meetings. No business shall be transacted at any special meeting of Council except the specified business for the transaction of which such special meeting may be called and notice shall be served upon each member requiring his attendance at such special meeting and shall contain a statement of business for the transaction and a copy of the ordinance or resolution to be considered for which such special meeting may be called.
Special meetings shall be called by the President of Council or the Clerk of Council upon written request of three members of Council. Written notice of such special meeting shall be served upon each member of Council personally or by electronic means at least seventy-two hours before such meeting.
Special meetings shall be all meetings other than regular and those called in an emergency situation.
Notification of all such meetings shall be published and/or posted and given to any news media requesting such notification, not less than seventy-two hours prior to the commencement of such meeting.
(6) Opening Proceedings. The President, or the President pro tem in case of the absence of the President, shall take the chair at the regular hour of calling the meeting or the hour to which Council had adjourned at the preceding session, and shall immediately call the members to order, as per Rule (4).
In the absence of the President and the President pro tem, the Clerk shall call Council to order and if a quorum is then present Council shall elect by motion one of its number President for that meeting or until the appearance of the President or President pro tem.
(Ord. 0-19-13. Passed 3-11-19.)
(7) Public Meetings. All meetings, except executive sessions of Council, shall be public. Council may hold an executive session to consider appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee or official. Similarly, an executive session may be held to investigate charges or complaints against a public employee, official, licensee or regulated individual. However, unless otherwise provided by law, an executive session cannot be held for the purpose of disciplining an elected official for conduct related to the performance of his official duties or for his removal from office.
An executive session may be held to consider the purchase of property for public purposes or the sale of property at competitive bidding, if a premature disclosure of information at a public meeting would give an unfair bargaining advantage to a person whose personal interests are adverse to the general public interest.
Council may also conduct executive sessions for the following:
With its attorney to discuss disputes involving the public bodies that are the subject of pending court action;
To prepare for, conduct or review negotiation or bargaining sessions with public employees concerning conditions of their employment;
To consider matters which are required to be kept confidential by Federal laws or rules or State statutes;
To consider the details of security arrangements if disclosure of the matter might reveal information which could be used for the purpose of committing, or avoiding prosecution for, a violation of the law. (Ord. 82-30. Passed 8-23-82.)
(8) Notification of Public Meetings. Notification of Public Meetings. The Council Clerk shall publish each month a monthly calendar listing by date-time-place all regular meetings of Council. Committee meeting topics for special scheduled meetings shall be given to the Clerk within seventy-two hours prior to the special scheduled meeting. The Council Clerk shall be responsible for news media notification. All special committee meetings called shall list specific topics to be discussed by agenda number and general topic description.
For executive meetings to be called, two-thirds of Council present shall not object.
All minutes and records of Council shall be open to the public at all reasonable times.
(9) Quorum. A majority of the members of Council shall constitute a quorum to transact business. (Ord. 0-19-13. Passed 3-11-19.)
(10) Presiding Officer. The President of Council and, in his absence, the President pro tem, shall preside over the meeting of Council. In the absence of the President of Council, the President pro tem shall call Council to order and, if after the roll is called, a quorum is present, the President pro tem shall preside until the President appears and shall discharge all the duties and be clothed with all the powers of the President as such presiding officer during his absence. The presiding officer shall call all meetings of Council to order at the hour appointed and shall proceed with the order of business. If a quorum is present, he shall give the members an opportunity to correct the “consent agenda”; if no objections or corrections, the consent agenda will stand approved by motion of Council. The presiding officer shall preserve order and decorum, confine members in debate to the question under discussion, shall decide all points of order subject to an appeal of Council and shall appoint members to all standing committees and all other committees that Council shall vote to establish.
(Ord. 0-08-07. Passed 2-25-08.)
(11) The Clerk of Council. Council shall choose a Clerk and such other officers and employees as may be deemed necessary and fix their compensation.
(a) Job description.
1. Keep an accurate and complete minutes of all proceedings of City Council.
2. Attend all Council meetings, both regular and special, and keep records and proceedings of those meetings, including typing, editing and production of same.
3. Attend public hearings and committee meetings if requested.
4. Control committee assignment agenda.
5. Gather all necessary information for preparing, copying and distributing legislation.
6. Handle all correspondence, documents, project files, and other pertinent information as required by Council.
7. Act as liaison between Administration and Council and departments.
8. Advise interested members of the public as to specific items to be discussed in Committee.
9. Handle all necessary legislation transactions after passage.
10. Notify the Board of Elections of changes to Council or Administration.
11. Arrange publication of legal notifications.
12. Handle all special assessment projects such as:
A. Notices to property owners;
B. Public hearing notifications;
C. Bond work as required by bond counsel
13. Direct citizen requests for information to appropriate Administration or Council officials.
14. Prepare any specific reports as required by Council.
15. Prepare Council agenda.
16. Distribute official copies of the Amherst Codified Ordinances.
17. Perform all duties as required under Ohio's Public Records Act and Ohio's Open Meetings Act ("Sunshine Law")
18. Perform additional duties as Council deems necessary.
(Ord. 0-19-13. Passed 3-11-19.)
(12) Roll Call. Every member shall be in his seat at the time of roll call; otherwise, he shall not be recorded as present except upon special order of Council.
(13) Voting. Every member present shall vote on all questions upon the call for the yeas and nays, unless excused by the unanimous consent of Council, except that no member shall vote on any question in which he is financially interested or which in any way involves his personal and private rights. Any member present, unless so excused or excepted as above, who refuses to vote upon any question relating to the City government upon which he may vote, when the yeas and nays are being taken, shall be guilty of contempt of Council and may for such contempt be censured by a majority vote of Council.
(14) Absentee Voting. Any member, having been unavoidably absent, may at the next meeting be permitted to have his vote recorded upon any question acted upon during his absence, provided that such vote shall not change the result and provided, further, that such member shall not be entitled to move a reconsideration of the question to be voted upon.
A proportionate reduction in his salary may be made for the nonattendance of any member upon any regular or special meeting of Council, provided that two-thirds of the members elected to Council may excuse any member from attendance at any regular or special meeting, and when so excused no reduction in his salary shall be made for such nonattendance.
(15) Speaking. No member shall be allowed to speak except from his own desk and no member shall be allowed to speak for more than ten minutes at any one time without permission of Council. No member shall speak more than once on the same motion until every member desiring to speak on that motion has had an opportunity to do so. No official or director shall speak longer than fifteen minutes upon the same motion, ordinance or question without the consent of Council. (Ord. 82-30. Passed 8-23-82.)
(16) Right of Floor. When any member is about to address Council, he shall raise his hand, respectfully address himself and shall be called upon by the presiding officer and shall confine himself to the question under debate. (Ord. O-19-13. Passed 3-11-19.)
(17) Right of Appeal. Any member may appeal to Council from the ruling of the presiding officer and if the appeal is seconded the member making the appeal may briefly state his reason for the same and the presiding officer may briefly explain his ruling, but there shall be no debate on the appeal and no other members shall participate in the discussion. The presiding officer shall then put the question "Shall the decision of the chair be sustained?". If a majority of the members vote aye, then the ruling of the chair is sustained; otherwise, it is overruled. (Ord. 82-30. Passed 8-23-82.)
(18) Standing Committees. Not later than the second meeting of Council after its organization, the President of Council shall appoint ten standing committees of three or more members each, of whom the first named member shall be chair. The names of the committees and the subject matter which shall be referred to them shall be as follows:
(a) Ordinance Committee, to which shall be referred all ordinances, resolutions and other matters of a general nature and any matter relating to the expenditures of money for printing and supplies. In addition all ordinances, resolutions and other matters pertaining to the County, State or Federal legislation affecting the City, all initiative, referendum and recall petitions, all matters relating to courts, enforcement ordinances, imposing fines, penalties, forfeiture or imprisonment.
(b) Finance Committee, to which shall be referred all ordinances, resolutions and other matters relating to finances, indebtedness, appropriations, the payment of moneys not provided for by previous legislation, taxation and all matters pertaining to the City Auditor and City Treasurer, the standardization of salaries and wages, civil service and pensioning of employees as well as all matters pertaining to the levying of assessments on property for public improvement; all ordinances, resolutions and other matters pertaining to investigation of grant availability for municipalities, and recommendation to Council and the means and procedures for obtaining such grants.
(c) Community Development Committee, to which shall be referred all ordinances, resolutions and any matter relating to public health, recreation, charities, hospitals and public welfare, health and sanitation and any matters of a*capital improvement nature. In addition, all matters pertaining to the pollution of our environment and sustainability of natural resources. *Capital improvement nature means the expenditure of moneys toward projects which presently are nonexistent in the City, regardless of what the projects encompass or relate to, be it land, buildings or improvements.
(d) Police and Fire Committee, to which shall be referred all ordinances, resolutions and other matters pertaining to the Police and Fire Divisions, traffic regulations, smoke abatement, nuisances and matters pertaining to inspection of buildings re fire hazards.
(e) Public Utilities Committee, to which shall be referred all ordinances, resolutions and other matters pertaining to telephone, gas, water and transportation and all other matters relating to electric light and power, all ordinances and resolutions and other matters relating to sanitary sewers, and additions, repairs and improvements thereto, sewage disposal and sewer improvement assessments.
(f) Streets Committee, to which shall be referred all ordinances, resolutions and other matters pertaining to the construction, repair, maintenance and inspection of streets, alleys and sidewalks, together with street cleaning, waste collection and disposal, street improvements, assessments, vacations, matters relating to that area between the curb line and the private property line, all ordinances and resolutions and other matters relating to storm sewers, and additions, repairs and improvements thereto, sewage disposal and sewer improvement assessments and all ordinances, resolutions and other matters relating to the improvement of creeks within the limits of the City.
(g) Buildings and Lands Committee, to which shall be referred all ordinances and resolutions and any other matters relating to the construction, maintenance and acquisition of any buildings and lands owned by the City or proposed to be acquired by it, the lease or sale of lands and buildings not needed for Municipal purposes and matters relating to City buildings, the Building Code and the Planning and Zoning Code, as well as all proposed legislation and other matters pertaining to the changing or fixing of the grades of any street.
(h) Executive Committee, to which shall be referred all ordinances and resolutions and other matters pertaining to requests and plans for progress submitted by the Administration and other executive officials. In addition, all ordinances and resolutions and other matters pertaining to labor relations with all City employees, as well as the study and recommendation as to coverage, cost and liability of insurance policies for the City.
(i) Annexation Committee, to which shall be referred all ordinances, resolutions and other matters pertaining to requests or plans to annex to the City of Amherst.
(j) Technology Committee, to which shall be referred all ordinances, resolutions and other matters pertaining to construction, upgrading and all matters requiring involvement of Council with cable television.
The President shall at any time appoint special committees of Council.
(19) Committee Meetings. A majority of the members of a committee shall constitute a quorum for the transaction of business. Each committee shall hold its committee meetings at such time and place fixed by the chair of the respective committees, and each committee or chair thereof shall have the right to require the attendance at its meetings of such persons who are legally bound by Council's jurisdiction and who are needed to properly dispose of the matter under consideration. All committee meetings shall adjourn by 10:30 p.m. unless this rule is suspended by a majority of members present.
(20) Committee Meetings: Minutes and Legislation Requests. All committee minutes shall be given to the Clerk of Council immediately after the meeting is held. The Clerk shall type the minutes, distribute and post. The original minutes shall be signed by the presiding chair of the respective committee. All legislation requested by committee shall be the responsibility of the committee chair; contact the Law Director to obtain proper ordinance or resolution; the Law Director shall receive the request in writing and return to the committee chair who in turn will forward the legislation with note of approval to the Council Clerk to place the legislation on the agenda for the next meeting of Council.
(21) Assignments and Reports. The President of Council shall assign subject matter, and the committee or committees of Council to which such subject matter was referred shall report back to Council upon forms entitled: Request for Legislative Action Report.
(22) Reference to More Than One Committee. Whenever any pending matter is referred to more than one committee for consideration and report, such committees may consider the same in joint session as a joint committee, if the chairmen of the committees consent thereto. The chair of the committee first named shall preside at such joint sessions and each member of the joint committee shall have one vote for each committee of which he is a member composing the joint committee. A majority of the individual members of the several committees shall constitute a quorum of such joint committee. Its report shall be made in the same manner and under the same rules as reports are made by standing committees.
(Ord. O-19-13. Passed 3-11-19.)
(23) Committee of the Whole. When Council decides to go into a Committee of the Whole, the President pro tem of Council shall preside. The rules of Council, insofar as practicable, shall be observed in the Committee of the Whole, except that no limit shall be placed on the frequency of speaking, that the yeas and nays shall not be taken and that a motion to rise and report progress shall always be in order and shall be decided without debate. The Clerk of Council shall be required to attend all Council meetings of the Committee of the Whole. (Ord. 82-30. Passed 8-23-82.)
(24) Order of Business. The business of all regular meetings of Council shall be transacted in the following order:
(a) Roll call -- Clerk to rotate the roll by placing the last name first on each subsequent agenda.
(b) Prayer.
(c) Pledge to the Flag.
(d) Consent Agenda: * All items listed with an asterisk are considered to be routine by City Council and will be enacted by one motion. There will be separate discussion on these items if a Council member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence.
(e) *Acceptance of Regular Council meeting minutes.
(f) *Acceptance of Committee meeting minutes.
(g) Acknowledgement of the public pertaining only to items on the first, second or third reading.
(h) Ordinances and resolutions, first reading.
(i) Ordinances and resolutions, second reading.
(j) Ordinances and resolutions, third reading.
(k) Miscellaneous and acknowledgement of the public.
(l) Agenda assignments and committee meeting schedules.
(m) Reports of the Administration.
(n) Acknowledge receipt of the monthly Reports from the Auditor and Treasurer.
(o) Adjournment.
Note: Special action such as veto consideration, liquor license permit, etc., shall be placed on the agenda by the Clerk after approval from the Council President.
(25) Yeas and Nays. On the passage of every ordinance or resolution, on the appointment of every officer and the confirmation of officers, or any other questions, the vote shall be taken by yeas and nays, entered in full upon the records and written or typed in the official minutes. Before the announcement of the vote on any measure the Clerk shall read the votes so taken upon the demand of any member.
(26) Precedence of Motions. When a question is before Council no motion shall be entertained except the following:
(a) To fix the hour of adjournment.
(b) To adjourn.
(c) To lay on the table (postpone until the presiding officer removes from the table)
(d) For the previous question (to cease debate and vote immediately).
(e) To postpone to a certain day.
(f) To refer to a committee.
(g) To amend.
(h) To postpone indefinitely (kill).
(Ord. O-19-13. Passed 3-11-19.)
(27) The Previous Question. When the previous question is moved and seconded it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate, but pending amendments shall be put in their order before the main question. If this question is decided in the negative the main question remains before Council.
(28) Division of Question. If the question contains two or more divisible propositions the presiding officer may and, upon the request of a member, shall, divide the same, but a motion to strike out a provision and insert a substitute is not divisible.
(29) Reconsideration. After the decision on any question any member who voted with the prevailing side may move a reconsideration of any action at the same or the next succeeding meeting. A motion to reconsider shall require the same number of votes as is required to adopt an ordinance or resolution. After a motion for reconsideration has been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.
(30) Emergency Ordinances. If any emergency ordinance or resolution fails to receive a two-thirds affirmative vote, such measure shall cease to be before Council as an emergency measure and shall have the standing that the measure would have had if it had not been read as an emergency measure.
(31) Motions; Withdrawals. When a motion is made and seconded, if necessary, it shall be stated by the presiding officer before any debate shall be in order. Any such motion may be withdrawn by the maker with the consent of the second before it has been amended or voted upon.
(32) Measures to be in Writing. When required by any member, any motion or proposition, except privileged questions, shall be reduced to writing before action is taken thereon, provided that at any time any member deems it proper to prefer any charges against another member, person, company or corporation, such charges shall be in writing and shall specifically set forth the facts upon which such charge or charges are based, the procedure of which shall be as provided by law and ordinance. (Ord. 82-30. Passed 8-23-82.)
(33) Dates and Amounts. The largest sum or the longest time shall be put first in cases where different sums or different times are named.
(Ord. O-19-13. Passed 3-11-19.)
(34) To adjourn. The motion to adjourn shall always be in order unless Council is engaged in voting, and the motion to adjourn, or to lay on the table, or for the previous question, shall be decided without debate. (Ord. 82-30. Passed 8-23-82.)
(35) To Take from the Table or Bring Out of Committee. An item may be taken from the table at the discretion of the presiding officer or upon motion.. Such motion shall be decided without debate, provided that the mover and the chair of the committee shall be permitted to state their reasons for or against the motion.
(36) To Record Vote. All votes taken by yeas and nays shall be recorded in the minutes.
(37) Introduction. All proposed legislation must have had satisfactory committee action in order to be introduced to Council.
All proposed legislation shall be deposited with the Clerk of Council in sufficient time so that all legislation to be considered by Council shall be in the hands of the members of Council at least twenty-two hours prior to any regular or special Council meeting. All legislation shall bear the signature of the Law Director, verifying its correctness as to form, prior to the final adoption of the legislation.
This rule may be temporarily suspended by two-thirds of the members of Council.
(Ord. O-19-13. Passed 3-11-19.)
(38) Resolutions and Ordinances. Resolutions and ordinances, when referred, shall be reported upon only for adoption, with or without amendment, or for rejection or for further reference. All reports upon ordinances and resolutions shall be made upon the merits of the measure, unless otherwise ordered or provided for.
Whenever, by these rules, it is provided that any ordinance or resolution shall be referred to a designated committee or committees, and the President of Council refers such ordinances or resolutions otherwise, without objection being made thereto, the reference as made by the President shall be considered as by the unanimous consent, in substitution for the reference or references required by these rules.
(39) Form of Ordinances. The enacting clause of all ordinances shall be "Be it ordained by the Council of the City of Amherst, State of Ohio". All ordinances before introduction shall be in typewritten form. No ordinances or resolutions or sections thereof shall be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution or section revised and amended, and the original ordinance, resolution, section or sections so amended shall be repealed.
(40) Reading of Legislation. Each ordinance and resolution shall be read by title only provided the legislative authority may require every reading to be in full by a majority vote of its members. (Ord. 82-30. Passed 8-23-82.)
(41) Appropriation Ordinances. Ordinances making appropriations shall be confined to the subject of the appropriation. No money shall be appropriated except by ordinance. All ordinances for fixing a tax rate, the appropriation of money, the issuance of bonds, the transfer of money to any fund or the payment of a claim, and all resolutions or ordinances whereby the City becomes liable for the payment of any money, shall be referred without debate to the Finance Committee for consideration and report, unless the requirement is suspended by three-fourths of all the members elected to Council. The vote on each suspension shall be taken by yeas and nays and entered on the records. (Ord. O-19-13. Passed 3-11-19.)
(42) Amendments. It shall be in order to amend an ordinance at any time, but if amended after its second reading it shall be again placed on the second reading and laid over for further and final action. (Ord. 82-30. Passed 8-23-82.)
(43) Passage or Adoption. All ordinances and all resolutions and all rules for the administration of Council shall require for their passage or adoption the affirmative vote of a majority of all members elected unless a greater number is required by law or the Rules of Council, and the vote on their passage or adoption shall be taken by yeas and nays and recorded in the minutes.
(44) Council Meeting Requirements. The Mayor, Law Director, Treasurer, Auditor or Deputy Auditor, in the absence of the Auditor, shall be required to attend all regular or special meetings of Council and shall be provided with seats on the floor of Council. The directors of all departments and other officers as shall be deemed necessary shall be required to attend the regular or special meetings of Council upon request and shall be provided with seats on the floor of Council. The Mayor, Law Director, Auditor, Deputy Auditor, Treasurer, directors of all departments and other officers deemed necessary shall be required at any such meeting to answer such questions relating to the affairs of the City under their respective supervision and control as may be put to them by any member of Council. The Mayor shall be entitled to take part in the discussions of all questions before Council. The heads of departments may be entitled to take part in the discussions of all questions relating only to their respective departments. The Auditor, or in the absence of the Auditor, the Deputy Auditor, shall be required to attend all regular or special meetings of the Finance Committee, and shall be provided with a seat on such Committee, and shall be required at any such meeting to answer such questions relating to the affairs of the City under the supervision and control of the Auditor as may be put to them by any member of the Committee.
(45) Public Hearing at All Regular Meetings of Committees. Persons desiring to be heard by a committee of Council on any matter then under consideration may, by consent of such committee, be given an opportunity to be heard thereon.
(46) Resignation. The resignation of a member of Council shall not take effect until the same has been accepted by a majority vote of the members of Council, exclusive of the person tendering the resignation.
(47) Violation. If any member violates any of these rules, the President shall, or any member may, call for a question of order. If such member is called to order while speaking he shall immediately cease to speak unless permitted to do so or explain. The question of order shall be decided with possible debate.
(48) Confirmation of Appointments. All appointments sent to Council for confirmation shall be taken up for consideration at the meeting of Council at which they are presented unless Council, by majority vote, orders the appointment to committee for consideration or defers the appointment to a later meeting.
(49) Vacations. Council may direct the time and duration of its vacation period, provided that no such vacation period shall exceed one month in any calendar year.
(50) Other Rules. Except as herein otherwise provided, the proceedings of Council shall be governed by Robert's Rules of Order Newly Revised and it shall be the duty of the presiding officer and members of Council to adhere to and enforce such rules, together with the rules herein set forth.
(51) Amendments to Rules. These rules may be amended or altered or new rules adopted by a majority of all the members elected at any meeting of Council, on the report of a committee to which the subject has been referred at a previous meeting, or after Council has had time to review the amendments or alterations or new rules. All amendments, alterations or new rules adopted by Council shall be attached to the original set of rules as herein set forth together with the date of the adoption of same.
(52) Suspension of the Rules. These rules, or any of them, may be temporarily suspended at any meeting of Council by an affirmative vote of six members of Council present, except when a greater number is required by law or these rules. The vote on such suspension shall be taken by yeas and nays and entered in the minutes.
(Ord. 82-30. Passed 8-23-82; Ord. O-19-13. Passed 3-11-19.)
(53) Procedure for Processing Claims Against the City.
(a) All claims against the City shall be referred first to the Safety-Service Director for investigation. Immediately following this referral, the Safety-Service Director shall notify the claimant in writing acknowledging receipt of the claim and advising the status of the proceedings. Following the investigation by the Safety-Service Director, the Safety-Service Director shall report the findings by letter or written memo to the Law Director for consideration of legal questions.
(b) If the Law Director concludes that a claim should be paid in whole or in part, he shall direct the Auditor to process the payment as directed by the Law Director. The Law Director shall report such action to the Clerk of Council. The Clerk of Council shall send a copy of such report to all Council members.
(c) If the Law Director concludes that a claim should not be paid, he shall notify the claimant in writing of disallowance of the claim and shall send a copy of the notice to the Clerk of Council. The Clerk shall send a copy to all Council members.
(d) If the Law Director denies a claim as a legal claim, it may be referred to Council by either one of the administration or a Council person for consideration of payment, partial payment or denial as a moral claim. The referral to Council shall be considered by the Finance Committee.
(Ord. 96-110. Passed 12-9-96; Ord. O-19-13. Passed 3-11-19.)